U.S. Cyber Command [Ethics]

Patrick Mackie filed this request with the US Strategic Command - USSTRATCOM of the United States of America.
Tracking # 17-041
Est. Completion None
Status
Partially Completed

Communications

From: Patrick Mackie

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All records involving ethics and morals (that include, but are not limited to: manuals, guides, slides, talking points, and memos) that were created for or by U.S. Cyber Command that involve the keywords "privacy", "rights", and/or "civil liberties" from June 23, 2009 to the date this request is processed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Patrick Mackie

From: STRATCOM Offutt AFB J006 Mailbox FOIA PA

Good morning sir,

I have forwarded your request to my FOIA monitor at CYBERCOM. I should be able to provide you an estimated completion date once their search has been completed. Please be aware that CYBERCOM is geographically separated from USSTRATCOM and has their own FOIA search and review process, which adds to the amount of time it takes to process FOIAs. Also, they do not have a dedicated full-time FOIA staff. Once they have completed their search and made a release/withholding recommendation, they will send their response to me and the documents will go through another review before they are provided to the USSTRATCOM Initial Denial Authority for signature. If CYBERCOM recommends a full release, the review will stop with me and I'll provide the documents to you.

I've assigned your request tracking number 17-041. Please refer to this number when communicating with me about your request.

Thank you,

KENDALL COOPER
Command FOIA/PA/CL Manager
USSTRATCOM/J006
901 SAC BLVD, STE 2E20A
OFFUTT AFB NE 68113
COM: 402-294-6321
DSN: 271-6321

From: STRATCOM Offutt AFB J006 Mailbox FOIA PA

Good morning sir,

The CYBERCOM legal office conducted a search and found some documents containing your search terms. I haven't had time to read them word-for-word, but none of them were written by, or directed to CYBERCOM. The majority of the attached documents are from open sources and are attached for your review.

Is there something specific you're looking for as it relates to your keywords? I don't think the attached documents are what you were hoping to receive.

The Cyber Policy Cloud Computing document is posted for public viewing at https://cio.gov/resources/document-library/. The Greer document is posted for public viewing at http://jnslp.com/wp-content/uploads/2010/08/10_Greer.pdf. There are a number of privacy related docs posted on the CIO website.

Awaiting feedback.

v/r

KENDALL COOPER
Command FOIA/PA/CL Manager
USSTRATCOM/J006
901 SAC BLVD, STE 2E20A
OFFUTT AFB NE 68113
COM: 402-294-6321
DSN: 271-6321

From: Patrick Mackie

CYBERCOM has no ethics created by themselves or directed to them in relation to the keywords above?

Previous CYBERCOM commander Keith Alexander stated "The Chinese are viewed as the source of a great many attacks on western infrastructure and just recently, the U.S. electrical grid. If that is determined to be an organized attack, I would want to go and take down the source of those attacks. The only problem is that the Internet, by its very nature, has no borders and if the U.S. takes on the mantle of the world's police; that might not go down so well.".

If privacy does not bring any ethical guides could you please expand the search for ethics ( manuals, guides, slides, talking points, and memos) memos "war" "response" "attack" in relation to cyber activities done by CYBERCOM.

Is it possible due to CYBERCOM's relationship with the NSA allows CYBERCOM to use ethics information provided by the NSA to be used by CYBERCOM employees/contractors?

Thank you very much for your time and for being very cooperative. It is very appreciated.

-Patrick

From: Cooper, Kendall L CIV STRATCOM J006 (US)

I'll forward this to CYBERCOM. I'll provide feedback once I hear back from them.

v/r

KENDALL COOPER
Command FOIA/PA/CL Manager
USSTRATCOM/J006
901 SAC BLVD, STE 2E20A
OFFUTT AFB NE 68113
COM: 402-294-6321
DSN: 271-6321

From: Cooper, Kendall L CIV STRATCOM J006 (US)

Good morning sir,

CYBERCOM is pushing back with not understanding what you are seeking. I think there may be a lingo disconnect. Are you seeking information on cyber rules of engagement (ROE)? You may be aware of the new Tallinn Manual on International Law Applicable to Cyber Warfare. If you are not, just do a Google search for it. https://books.google.com/books?hl=en&lr=&id=FujYDXdOMQgC&oi=fnd&pg=PR1&dq=tallinn+manual&ots=M1vPDzN4Lu&sig=y4m2-MbRcveFxP6gie-iGm7bH0s#v=onepage&q=tallinn%20manual&f=false

Any additional explanation you can provide is much appreciated.

I'm not trying to make it difficult for you. It may help if you tell me the topic of your writing.

Standing by,
Thanks,

v/r

KENDALL COOPER
Command FOIA/PA/CL Manager
USSTRATCOM/J006
901 SAC BLVD, STE 2E20A
OFFUTT AFB NE 68113
COM: 402-294-6321
DSN: 271-6321

From: Patrick Mackie

Yes! I would be interested in CYBERCOM's rules of engagement (ROE). I presume they have records (manuals, guides, slides, talking points, and memos and other documents) drafted by themselves that cover the rules of engagement. Those are the documents I would be interested in. Although CYBERCOM may use Tallinn Manual, I would be interested in the records created by CYBERCOM involving their or the rules of engagement.

In relation to the rules of engagement, I would be interested for the records that show the Authorization to use Military Force in relation to cyber attacks, war, or engagements. This would be records in which it shows the process in which a concept of operations (CONOPS) (or CYBERCOM's lingo for CONOPS) is authorized and actions are taken. In a sense, the documentation that shows the chain of command in which a cyber response, attack, war, engagement is authorized. I am interested in documentation for authorization of an offensive (attack, response, war, or engagement). These potential records would be very specific to CYBERCOM. In relation to the records requested, the drone program had a slide (https://assets.documentcloud.org/documents/2460856/pages/small-footprint-operations-may-2013-p6-normal.gif), which showed the authorization to use military force. I am interested in records related to CYBERCOM's authorization to use force against a target and the chain of command related to that.

From: Cooper, Kendall L CIV STRATCOM J006 (US)

Very good. Surely they can work with this. I'll send it on.

Thank you for your patience.

v/r

KENDALL COOPER
Command FOIA/PA/CL Manager
USSTRATCOM/J006
901 SAC BLVD, STE 2E20A
OFFUTT AFB NE 68113
COM: 402-294-6321
DSN: 271-6321

From: Patrick Mackie

Thank you very much for your cooperation. I really do appreciate it. I look forward to the response!

From: Cooper, Kendall L CIV STRATCOM J006 (US)

Hi sir,

I checked my classified system today and noticed I had an email dated 10 Jan with CYBERCOM's feedback. They still believe that asking for "Rules of Engagement" (ROE) is overly broad and lacks specificity. The operations Cybercom conducts have specific ROE that's particular to a given mission, period of time and task organization. As an example, if you requested the Cyber ROE for Operation Enduring Freedom, they would be able to access that ROE in short order and determine its releasability.

Understanding that you're not going to know what operations Cybercom is involved in, I recommend your first step be to request the names of Cybercom's operations. Be prepared that the names of some of their operations could be classified and not releasable. Also, keep in mind that the USG is not required to create a document to respond to a FOIA request. But, every time a requester asks me for a list, I try to work with the subject matter experts to create one. Doing so eases the burden on us and in this case should allow you to specifically name the document(s) you want.

I've provided requesters lists of USSTRATCOM's on-going operations in the past and creating those lists took little effort. For example, the most recent list I provided to a requester who asked for a list of nicknames for ongoing named operations where STRATCOM exercises operation control, contained the following operations: Operation OLYMPUS MIRAGE; Operation GLOBAL CITADEL; Operation GLADIATOR PHOENIX; and Operation OLYMPIC DEFENDER. I don't know if any of these are Cyber related.

If you intend to ask for a listing first, please submit a separate FOIA request to me. I'll defer processing this request until we determine whether or not you'll be provided a list of operations.

Please fire back any questions or concerns you may have. I really want to help you get to where you want to be, so please help me out as much as you feel you can. Sorry for the delay.
Thanks,

KENDALL COOPER
Command FOIA/PA/CL Manager
USSTRATCOM/J006
901 SAC BLVD, STE 2E20A
OFFUTT AFB NE 68113
COM: 402-294-6321
DSN: 271-6321

From: Patrick Mackie

Thank you! I filed a few FOIAs for a couple different pieces of information. With a little research I was able to verify two possible operations CYBERCOM has conducted and submitted FOIAs for each of those along with what you have suggested.

If the ROE change for every mission CYBERCOM is involved in, is there a record that CYBERCOM has that would show a guideline to producing a ROE for each mission? For this request, I would be interested in that record.

I really do appreciate your cooperation and willingness to help.

Patrick

From: Cooper, Kendall L CIV STRATCOM J006 (US)

Copy all sir. I'll review and log in your requests and fire them off to Cybercom by the end of the week.
Thanks,

v/r
Kendall

From: Cooper, Kendall L CIV STRATCOM J006 (US)

Hi sir,

I just want to verify that I'm closing FOIA 17-041 now that you've submitted 17-044, 17-045 and 17-046?
Thanks,

v/r

KENDALL COOPER
Command FOIA/PA/CL Manager
USSTRATCOM/J006
901 SAC BLVD, STE 2E20A
OFFUTT AFB NE 68113
COM: 402-294-6321
DSN: 271-6321

From: Patrick Mackie

Sounds good! Closing FOIA 17-041 is good. Thanks!

From: Cooper, Kendall L CIV STRATCOM J006 (US)

Copy that sir. Hopefully we'll have better luck with the other 3.

v/r
Kendall

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